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Terms of Sale

2. Transport cost is not included in the product price. Only for customers within the USA when their order is superior than 1000 $ prices will be landed prices.

3. Accepted forms of payment: credit card and/or bank transfer.

4. Returns policy: we will accept returns within the first 48h after reception of the order. Please notify by email at info@guanabana.es of descrepancies in your order so we can arrenge return.

5. Terms of delivery: upon receiving your order we will inform you of the potential delivery dates ( subject to availability of stocks/neccessities of customer)

Payment conditions

ARTICLE 1

By placing an order with SUGAR CANE S.L the client agrees to adhere to these conditions without reservation. Any contradictions that may occur on the client’s or his representative’s purchase orders, documents or letters will be deemed null and void.

ARTICLE 2

A / Purchase orders can only be placed with SUGAR CANE S.L.

B / Unless specified otherwise, the order copy shall be regarded as a written confirmation of the order.

C / After a period of 10 working days, no further changes can be made by either of the parties.

D / the order needs to specify the following:

- the reference number or description of the item,

- the quantity per colour,

- the price on the day of order,

- the shipment delays.

E / Provided that the above requirements are clearly met, the contract cannot be broken by neither the buyer or SUGAR CANE S.L, under penalty of all damages, except if there is a prior explicit agreement between the parties and subject to the stipulations specified in articles 6 and 7.

ARTICLE 3

Prices: Except for precise special agreements on prices, the sales price specified to the customer is understood to be SUGAR CANE S.L business premises.

Taxes: The sales prices are net of tax.

Loss or damage to goods during transportation: The Buyer shall bear all costs and risks related to transport, even if a delivery free of charge has been arranged. In case of damages, theft, total or partial loss of goods, any recourse must be performed by the Buyer against the delivery agent and all complaints must be made within the set deadlines and according to the procedure.

ARTICLE 4 - INVOICING

All invoices are dated the day the goods are made available to the customer and are valid on the day of dispatchment.

ARTICLE 5 - TERMS OF PAYMENT

A / All payments are made by Wire Transfer or Credit Card.

B / For the orders not immediate, you have to confirm your order with the payment of 30% upon confirmation of order within 10 days. All products are hand maded, so we need this money to start your production.

C / For immediate orders, we have to receive all the payment of your order before the delivery.

D / The default of payment of an invoice on the due date, by express agreement, shall involve:

- Immediate payability of all amounts owed

- SUGAR CANE S.L. shall have the right to cancel fully or partially all outstanding orders

- The payability of an indemnity based on a penalty clause equal to ten percent (10%) of the balance owing, as well as the reimbursement of all judiciary and extra-judiciary fees that may occur.

ARTICLE 6 – REFUSAL OF ACCEPTANCE OF MARCHANDISE

A complaint can only be accepted if made it in the 8 days after receipt of merchandise.

Under no circumstances, the Buyer can return a merchandise for consideration with authorization by SUGAR CANE S.L.

Items may be returned upon the receipt of return authorisation. If the complaint proves to be justified, the items shall be replaced, or, when this is not possible, the Buyer shall obtain credit note.

ARTICLE 7 – DELAY IN DELIVERY

In case of delay in delivery, no cancellation of items can be regarded as valid, unless there has been a notice of default. The manufacturer reserves the right to dispatch within a maximum delay of 15 days.

The Buyer cannot send a notice of default before the date of expiry.

ARTICLE 8

If SUGAR CANE S.L. can convincingly justify the impossibility of delivery due to force majeure or unplanned delays in the delivery of raw materials or defective deliveries by the company’s suppliers or service providers, the sales contract can be affected.

In this case the Buyer cannot claim delivery on the previously confirmed date nor ask for any compensation whatsoever.

ARTICLE 9

The following are considered as cases of force majeure:

- Fires, flooding or all other incidents that may cause full or partial destruction of the company’s premises, stocks or supplies or its nonoperation.

- Strikes

- The lack of transportation or essential materials due to a general problem such as public transport closures, electric power interruptions, motor breakdowns.

- All other causes suspending work in the workshop that are beyond the control and/or independent of the will of SUGAR CANE S.L.

Force majeure also includes all cases mentioned in the previous paragraph when they occur in any other establishment influencing proper performance of the contract. In both cases it has to be proved that the company’s services have been affected by these circumstances.

ARTICLE 10 – COUNTERFEIT

In accordance with all applicable laws and on pain of criminal prosecution it is illegal for the buyer to reproduce partially and/or in full any item bought or seen. The buyer is equally forbidden to pass on any information to a third party that would allow partial or full reproduction of these items, in which case the buyer would be guilty of contributory infringement.

ARTICLE 11 – RETENTION OF TITLE CLAUSE

Delivered products remain the property of SUGAR CANE S.L until the complete payment has been effected. The buyer is committed to selling the merchandise only to his individual customers. In case of seizure of the products and accessories by a third party, the buyer needs to immediately inform SUGAR CANE S.L. Despite the application of the current property reservation clause, the buyer will bear the expense of risks in case of loss or destruction during the time of transport of goods and after delivery at his premises. The Buyer will also bear the expense of insurance costs, if he takes out insurance to cover these risks.

In the event of resale, the Buyer commits himself to immediately pay the outstanding amount of the price to the seller, to pay SUGAR CANE S.L on a priority basis from the received payment.

In the event of return of goods, under this retention of title clause, a penalty of 25% on the amounts remaining due shall be payable and a markdown of 25% of the value of the returned goods shall be applied, the paid instalments shall be deduced.

ARTICLE 12 – LABELS

The items are delivered with a label. The Buyer, unless otherwise agreed, can under no circumstances remove or modify these labels in any way.

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